Hiring us to defend against Photo Radar (and Red Light Camera, and other automated enforcement and citation system) issued tickets
Challenging your photo enforcement ticket in court is your right. Most individuals do not hire legal counsel to represent them, simply because such is not typically cost-effective — after all, few would consider paying several times the cost of the ticket in attorney’s fees, even if they could afford it.
Of course, the potential expenses associated with having a finding of responsible for a speeding or red-light violation ticket on one’s driving record may be significant, sometimes outweighing the fine several times over. Increased insurance premiums (which may stay higher for years), not to mention the lost time, or even the loss of employment, are all potential costs that need to be considered.
It is for these reasons that we have decided to step in and help. Too many times we have observed well-intentioned individuals attempting to challenge their ticket, only to be caught short because of their inexperience with this process.
To address the challenge of making an experienced attorney available at a cost which almost anyone can justify so as to have the best chance at challenging their ticket, we’ve dramatically reduced our fee in certain, limited circumstances.
As long as the court where the civil traffic photo enforcement citation is filed is within 25 miles of our office, and as long as no hearing or trial is scheduled, or if scheduled, it is at least 10 days in the future, we would usually charge $450 fixed fee1 to represent a qualifying client. Some exceptions apply.
We have experience in handling photo radar cases in courts throughout Maricopa County, including various City or Municipal Courts (Mesa, Paradise Valley, Phoenix, Scottsdale, Tempe), as well as the many Justice Courts (Arcadia Biltmore, Downtown, Encanto, Highland, Moon Valley, South Mountain, West McDowell).
We cannot promise any particular outcome, but we will use our best efforts to put on the best defense regarding the law, rules, procedures, and the facts.
Keep in mind that, while we challenge the allegations in these cases, arguing the facts alone is usually not what will win. We argue fundamental legal and constitutional issues, including personal jurisdiction, subject matter jurisdiction, violation of your due process rights, your confrontation rights, and your equal protection rights.
In our experience, the sooner you involve legal counsel, the better your chances of a successful outcome — if you are in Arizona, waiting to see whether or not you actually get served is no longer a successful strategy for most.
If you have not been served, such a case is perfectly timed for our personal jurisdiction argument, as the complaint probably has been filed, but service is incomplete. Of course, we will also raise the other issues.
We must tell the court at least 10 days before a hearing that we are representing a defendant in these cases, otherwise their right to counsel will be deemed to have been waived.
We may win, we may not, but you can’t win if you don’t even try. While the “chances” of winning in photo enforcement cases are usually not great, they improve with our help over what most other people obtain when they fight it without the help of an experienced attorney. Once we have been retained, we will see the case through to either a finding of responsible (meaning, the defendant owes a fine), or a dismissal. We file the court papers, motions, and exhibits, as appropriate, and we will go to the hearing (or hearings), as called for in the case … But again, we cannot make any guarantees, we only promise to try to raise the issues and arguments that appear appropriate.
There is lots of additional detail, some of which you may read for yourself here, or which we would be happy to go over, but at our regular rate.
This is worth fighting. Use an experienced (and affordable) attorney to do it right because it needs to be done.
If you would like us to represent you in your matter, please e-mail and fax us the notice or other papers you received. You must also include all your contact information, including phone number(s), e-mail address, and a detailed explanation of the issues (that you were not the driver, you were not properly served).
Once we have payment, paperwork, and an agreement for representation, we will file papers with the court, attempt to get the matter dismissed upon legal grounds (as appropriate), and attend the civil traffic hearing(s) which will likely be set.
In most cases, we do not have the client come to court, since it is not needed and spares the client the time and effort to attend court.
Should you require additional services, or if your matter is unusually complex, we will let you know and give you an estimate of the additional legal fees which would be required.
The law firm of Kielsky Rike PLLC can assist you in defending against automated traffic enforcement citations. If you need help in dealing with a photo radar ticket, or if you would like us to file an appeal in a photo radar case, please contact us.
1 The quoted fee will be available only to clients whose matters fall within the services described, that is, defending against a civil traffic photo enforcment citation, filed or to be filed with a court located within 25 miles of our office, which matter is not unusually complex, and for which no trial or hearing is yet scheduled, or if scheduled, the hearing is at least 10 days in the future. We do not and cannot promise success. Clients are entitled, without obligation, to a specific estimate of the fee likely to be charged. The flat fee here offered will be honored until at least July 31, 2011.